[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Rules and Regulations]
[Page 15501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07499]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
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  Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules 
and Regulations  

[[Page 15501]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 225

[FNS-2013-0026]
RIN 0584-AD84


Simplified Cost Accounting and Other Actions To Reduce Paperwork 
in the Summer Food Service Program; Correction

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the final rule entitled 
``Simplified Cost Accounting and Other Actions to Reduce Paperwork in 
the Summer Food Service Program,'' published in the Federal Register on 
June 1, 2018. These corrections do not impose new program requirements.

DATES: This document is effective April 16, 2019. Compliance with the 
final rule began July 31, 2018.

FOR FURTHER INFORMATION CONTACT: Andrea Farmer, Branch Chief, Community 
Meals Branch, Policy and Program Development Division, Food and 
Nutrition Service, at (703) 305-2590.

SUPPLEMENTARY INFORMATION: The Food and Nutrition Service published a 
final rule on June 1, 2018, (83 FR 25349), to simplify and streamline 
Program administration in the Summer Food Service Program. This 
document makes a technical correction to 7 CFR 225.6(b)(7) in order to 
clarify requirements for submission and review of annual budgets. The 
correction clarifies for program operators and State agencies the 
flexibilities available in the budget submission process. This does not 
alter the requirements of the provision. Additionally, the June 2018 
final rule inadvertently removed regulatory text providing State 
agencies the discretion to determine the amount of advanced payments 
provided to sponsors. This document corrects this oversight by adding 
the missing regulatory text for 7 CFR 225.9(c)(3). The authority for 
this provision is provided by Section 13 in the Richard B. Russell 
National School Lunch Act, 42 U.S.C. 1761(e)(2). Finally, this document 
corrects small typographical errors in 7 CFR 225.9(d) and 7 CFR 
225.15(m). All other regulatory provisions in the June 2018 final rule 
remain unchanged.

Need for Correction

    As published, the regulatory text in 7 CFR part 225 after the June 
1, 2018 final rule is being misinterpreted by program operators and 
requires technical corrections in 7 CFR 225.6, 225.9, and 225.15.

List of Subjects in 7 CFR Part 225

    Food assistance programs, Grant programs--health, Infants and 
children, Labeling, Reporting and recordkeeping requirements.

    Accordingly, 7 CFR part 225 is corrected by making the following 
correcting amendments:

PART 225--SUMMER FOOD SERVICE PROGRAM

0
1. The authority citation for 7 CFR part 225 continues to read as 
follows:

    Authority:  Secs. 9, 13 and 14, Richard B. Russell National 
School Lunch Act, as amended (42 U.S.C. 1758, 1761 and 1762a).


0
2. In Sec.  225.6, revise paragraph (b)(7) to read as follows:


Sec.  225.6  State agency responsibilities.

* * * * *
    (b) * * *
    (7) The State agency shall review each applicant's administrative 
budget as a part of the application approval process in order to assess 
the applicant's ability to operate in compliance with these regulations 
within its projected reimbursement. In approving the applicant's 
administrative budget, the State agency shall take into consideration 
the number of sites and children to be served, as well as any other 
relevant factors. A sponsor's administrative budget shall be subject to 
review for adjustments by the State agency if the sponsor's level of 
site participation or the number of meals served to children changes 
significantly. State agencies may exempt school food authorities 
applying to operate the SFSP from submitting a separate budget to the 
State agency, if the school food authority submits an annual budget for 
the National School Lunch Program and the submitted budget includes the 
operation of SFSP.
* * * * *

0
3. In Sec.  225.9:
0
a. Revise paragraph (c)(2);
0
b. Redesignate paragraphs (c)(3), (4), and (5) as paragraphs (c)(4), 
(5), and (6);
0
c. Add a new paragraph (c)(3); and
0
d. In the third sentence of paragraph (d)(5), remove the word 
``served''.
    The revision and addition read as follows:


Sec.  225.9  Program assistance to sponsors.

* * * * *
    (c) * * *
    (2) Advance payment estimates. When determining the amount of 
advance payments payable to the sponsor, the State agency shall make 
the best possible estimate based on the sponsor's request and any other 
available data. Under no circumstances may the amount of the advance 
payment exceed the amount estimated by the State agency to be needed by 
the sponsor to meet Program costs.
    (3) Limit. The sum of the advance payments to a sponsor for any one 
month shall not exceed $40,000 unless the State agency determines that 
a larger payment is necessary for the effective operation of the 
Program and the sponsor demonstrates sufficient administrative and 
managerial capability to justify a larger payment.
* * * * *


Sec.  225.15  [Amended]

0
4. In Sec.  225.15(m)(6), remove the word ``no'' and add in its place 
the word ``nor''.

    Dated: April 3, 2019.
Brandon Lipps,
Administrator, Food and Nutrition Service.
[FR Doc. 2019-07499 Filed 4-15-19; 8:45 am]
 BILLING CODE 3410-30-P